Brighton & Hove City Council v Collinson & Anor

Brighton & Hove City Council v Collinson & Anor

The court held that the lease granted to the Collinsons was validly excluded from the protection of sections 24-28 of the Landlord and Tenant Act 1954 because the court order authorised the grant of a lease to the respondents, which included the Collinsons, and the lease was substantially similar to the draft considered by the court. Over-technical construction was rejected in favour of a sensible business reading.

Parties
Appellant/claimant: Brighton & Hove City Council; Respondent/defendant: David John Collinson; Respondent/defendant: Martin Arthur Collinson
Jurisdiction
England and Wales
Judgment Date
12 May 2004
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Contracting Out of Security of Tenure, Section 38 Landlord and Tenant Act 1954, Court Authorisation for Exclusion of Statutory Protection
Landlord and Tenant Law Contracting Out of Security of Tenure Section 38 Landlord and Tenant Act 1954 Court Authorisation for Exclusion of Statutory Protection

Case Brief

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Parties

Brighton & Hove City Council

Appellant/claimant

David John Collinson

Respondent/defendant

Martin Arthur Collinson

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the exclusion of sections 24-28 of the Landlord and Tenant Act 1954 was valid in the lease granted to the Collinsons
  2. 2 Whether the court order authorising exclusion applied to the lease as granted to the Collinsons rather than Galaxi 3 Limited

Ratio Decidendi

The court held that the lease granted to the Collinsons was validly excluded from the protection of sections 24-28 of the Landlord and Tenant Act 1954 because the court order authorised the grant of a lease to the respondents, which included the Collinsons, and the lease was substantially similar to the draft considered by the court. Over-technical construction was rejected in favour of a sensible business reading.

Court Disposition

appeal allowed

Orders

  • counterclaim dismissed
  • possession order granted